This final rule amends the application requirements for the Surface Transportation Project Delivery Program (Program). This rulemaking is prompted by enactment of the Moving Ahead for Progress in the 21st Century Act (MAP-21), which converted the Surface Transportation Project Delivery Pilot Program into a permanent program, allowed any State to apply for the Program, created a renewal process for Program participation, and expanded the scope of the Secretary's responsibilities that may be assigned and assumed under the Program to environmental review responsibilities for railroad, public transportation, and multimodal projects, in addition to highway projects.

The FHWA is updating the existing value engineering (VE) regulations to make them consistent with the statutory changes in the Moving Ahead for Progress in the 21st Century Act (MAP-21) and to make other non-substantive changes for clarity.

The FTA and FHWA are jointly issuing this guidance on implementation of provisions of the Moving Ahead for Progress in the 21st Century Act (MAP-21), that require representation by providers of public transportation in each metropolitan planning organization (MPO) that serves a transportation management area (TMA) no later than October 1, 2014. The purpose of this guidance is to assist MPOs and providers of public transportation in complying with this new requirement.

Title 23 published on 2014-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to Title 23after this date.

This final rule amends the application requirements for the Surface Transportation Project Delivery Program (Program). This rulemaking is prompted by enactment of the Moving Ahead for Progress in the 21st Century Act (MAP-21), which converted the Surface Transportation Project Delivery Pilot Program into a permanent program, allowed any State to apply for the Program, created a renewal process for Program participation, and expanded the scope of the Secretary's responsibilities that may be assigned and assumed under the Program to environmental review responsibilities for railroad, public transportation, and multimodal projects, in addition to highway projects.

The FHWA is updating the existing value engineering (VE) regulations to make them consistent with the statutory changes in the Moving Ahead for Progress in the 21st Century Act (MAP-21) and to make other non-substantive changes for clarity.

The comment period for the proposed rule published on June 2, 2014 (79 FR 31784), is extended. Comments must be received on or before October 2, 2014.

23 CFR Part 450

Summary

The FHWA and FTA are extending the comment period for a notice of proposed rulemaking (NPRM) and request for comments, which was published on June 2, 2014. The original comment period is set to close on September 2, 2014. The extension is based on concern expressed by the American Association of State Highway and Transportation Officials (AASHTO) that the September 2 closing date does not provide sufficient time to review and provide comprehensive comments on the NPRM. The FHWA and FTA recognize that others interested in commenting may have similar concerns and agrees that the comment period should be extended. Therefore, the closing date for comments is changed to October 2, 2014, which will provide AASHTO and others interested in commenting additional time to discuss, evaluate, and submit responses to the docket.

Comments must be received on or before October 3, 2014. Late-filed comments will be considered to the extent practicable.

23 CFR Part 790

Summary

The CMAQ program provides funding to State and local governments for transportation projects and programs to help meet the requirements of the Clean Air Act (CAA). Funding is available to reduce congestion and improve air quality for areas that do not meet the National Ambient Air Quality Standards (NAAQS) for ozone, carbon monoxide (CO), or particulate matter (nonattainment areas) and for areas that were out of compliance but have now met the standards (maintenance areas). The Moving Ahead for Progress in the 21st Century Act (MAP-21) requires priority use of CMAQ funds in areas that are designated nonattainment or maintenance for fine particulate matter (PM 2.5 ) NAAQS under the CAA. Specifically, an amount equal to 25 percent of the CMAQ funds apportioned to each State for a nonattainment or maintenance area that is based all or in part on the weighted population of the PM 2.5 nonattainment area shall be obligated to projects that reduce PM 2.5 emissions in such area. These projects include diesel retrofits for on-road and some off-road applications, as well as for diesel equipment operated on a highway construction project within PM 2.5 nonattainment and maintenance areas. Although the MAP-21 language for the CMAQ funds that must be obligated for PM 2.5 projects (referred to in this NPRM as a “set-aside”) instructs that the set-aside be calculated based on “weighted population” for PM 2.5 , the statute does not specify the values to be applied to determine the weighted population. In this proposed rule, FHWA is requesting comments on a proposed weighting factor of 5, to be used in determining the weighted population of a PM 2.5 nonattainment area.

The FTA and FHWA are jointly issuing this guidance on implementation of provisions of the Moving Ahead for Progress in the 21st Century Act (MAP-21), that require representation by providers of public transportation in each metropolitan planning organization (MPO) that serves a transportation management area (TMA) no later than October 1, 2014. The purpose of this guidance is to assist MPOs and providers of public transportation in complying with this new requirement.

Comments must be received on or before September 2, 2014. Late-filed comments will be considered to the extent practicable.

23 CFR Part 450

Summary

The FHWA and the FTA are jointly issuing this NPRM to propose revisions to the regulations governing the development of metropolitan transportation plans and programs for urbanized areas, State transportation plans and programs, and the congestion management process. The changes reflect recent passage of the Moving Ahead for Progress in the 21st Century Act (MAP-21). The MAP-21 continues many provisions related to transportation planning from prior laws; however, it introduces transformational changes and adds some new provisions. The proposed rule would make the regulations consistent with current statutory requirements and proposes the following: A new mandate for State departments of transportation (States) and metropolitan planning organizations (MPO) to take a performance-based approach to planning and programming; a new emphasis on the nonmetropolitan transportation planning process, by requiring States to have a higher level of involvement with nonmetropolitan local officials and providing a process for the creation of regional transportation planning organizations (RTPO); a structural change to the membership of the larger MPOs; a new framework for voluntary scenario planning; revisions to the integration of the planning and environmental review process; and a process for programmatic mitigation plans.

The FHWA is extending the comment period for a notice of proposed rulemaking (NPRM) and request for comments, which was published on March 11, 2014, at 79 FR 13846. The original comment period is set to close on June 9, 2014. The extension is based the FHWA's desire to allow interested parties sufficient time to review and provide comprehensive comments on this NPRM and the related FHWA/FTA Statewide and Nonmetropolitan Transportation Planning; Metropolitan Transportation Planning NPRM (FHWA RIN 2125-AF52; FTA RIN 2132-AB10). Therefore, the closing date for comments is changed to June 30, 2014, which will provide those interested in commenting additional time to discuss, evaluate, and submit responses to the docket.

The comment period on the proposed rule published March 28, 2014 (79 FR 17464), is extended. Comments must be received on or before June 30, 2014.

23 CFR Part 924

Summary

The FHWA is extending the comment period for a notice of proposed rulemaking (NPRM) and request for comments, which was published on March 28, 2014. The original comment period is set to close on May 27, 2014. The extension is based on concern expressed by the American Association of State Highway and Transportation Officials (AASHTO) that the May 27 closing date does not provide sufficient time to review and provide comprehensive comments on the HSIP NPRM, considering all related rulemaking activities including the FHWA/FTA Statewide and Nonmetropolitan Transportation Planning; Metropolitan Transportation Planning NPRM (FHWA RIN 2125-AF52; FTA RIN 2132-AB10). The FHWA recognizes that others interested in commenting may have similar concerns and agrees that the comment period should be extended. Therefore, the closing date for comments is changed to June 30, 2014, which will provide AASHTO and others interested in commenting additional time to discuss, evaluate, and submit responses to the docket.